I saw an add.in gumtree for a fully equipped kitchen, which I wanted to lease for a cake business. I rang on the no. Provided and spoke to a mr. Mario, after which I went to see the premises, I thought it would be suitable for the type of business I was going to start, however I was not quite ready and Mr. Mario and I came to an agreement that, I will put a holding deposit of $1000AUD. The holding deposit was paid on the 11th, of August. The agreement was drawn by Mr. Mario stating that if I signed a lease by the 10th of September I will not loose the deposit, and if I decide not to go ahead with the lease I will loose the deposit to which we both agreed and signed. Mr. Mario text me on the 16TH of August say that he will have to give my deposit back as there headquarters does not want the premises leased out. I did not see the text at that time, so I called Mr Mario on the 10TH of September and told him that I was not able to take on the lease as I was still in the process of organising things, Mr. Mario did not mention anything about decision made by there headquarters of not leasing out the premises, He Told me that there was a few other people waiting to take the kitchen and it wont be available any more. On the 16TH of September my daughter went through my text messages and showed me the text that Mario sent me on the 16TH of August. I called Mario and asked him to return the deposit amount of $1000, since they already informed me through text that the premises was not going to be leased. Mr. Mario is now refusing to give the holding deposit back. I would like to know how I can recover the amount I paid.
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